How do you address a stop work order in NYC?
Quick Answer
What is a stop work order?
It is a written directive from the NYC Department of Buildings (DOB) ordering construction work at a property to stop, posted at the site: the red notice taped to the door or fence. An order is either full, meaning all work stops, or partial, meaning only the cited work stops. It stays in effect until the cited condition is corrected, the penalties under §28-207.2.2 are paid or secured, and DOB rescinds the order under §28-207.2.3.
Who issues it?
The NYC Department of Buildings. The commissioner is authorized to issue stop work orders under NYC Admin Code §28-207.2, and in practice a DOB inspector posts the order at the property, often after an inspection or a complaint. It usually arrives in connection with a DOB violation that carries an OATH hearing and a certificate of correction.
The five steps, one at a time
Select a step to see what it involves. The steps run roughly in order, though correcting the condition and settling the penalties usually happen in parallel.
Step 1 of 5
Full or partial changes everything
A full stop work order halts all construction at the site. A partial order stops only the specific work the inspector cited, and other work may continue. Emergency and safeguarding work, the work needed to keep the site and the public safe, is generally excepted from both. Confirm which type you have before you decide anything else.
- Locate the posted order and read exactly what it stops.
- Full order: all work stops until the order is lifted.
- Partial order: only the cited work stops; other trades may continue.
- Safeguarding and emergency work is generally excepted from both.
Full versus partial: what your crew can do
Before anything else, confirm which kind of order you have. It decides what work can legally continue while you work on lifting it.
Full stop work order
All construction work at the site stops until the order is lifted. Nobody keeps building around a full order.
- All trades stand down.
- Safeguarding and emergency work is generally excepted.
- Work resumes only after the order is rescinded.
Partial stop work order
Only the specific work the inspector cited stops. Other work at the site may continue while you resolve the cited item.
- Only the cited work halts.
- Uncited trades may keep going.
- Read the order carefully to see exactly what is covered.
Penalties are paid before the order lifts, not after.
Under NYC Admin Code §28-207.2.2, working in violation of a stop work order carries a civil penalty of $5,000 for the initial violation and $10,000 for each subsequent violation, and those penalties are payable before the order is rescinded.
§28-207.2.3 lets the commissioner rescind the order on application once the condition that gave rise to it is corrected and the penalties and fines are paid, or security is posted. DOB re-inspects, and when the department is satisfied the order comes off.
Read the full text of NYC Admin Code §28-207.2 in the NYC Administrative Code.
How to check whether a property has a stop work order
The practical way to confirm whether a stop work order has been issued against a property is the DOB Buildings Information System (BIS) property profile. Search by address, open the property profile, and read the record: it shows open stop work orders alongside the property’s complaints and violations. DOB NOW is the department’s newer portal, but BIS remains the profile owners and buyers reach for first when they want a quick read on a property.
Where the order fits the larger violation
A stop work order is typically issued in connection with a DOB violation that carries an OATH hearing and requires a certificate of correction. So resolving the order usually runs alongside answering the summons and filing the certificate of correction: the same corrected condition supports all three. Read our guides to correcting DOB violations and certificates of correction alongside this one to see the full picture.
Do not “fix” the wrong thing, or keep working, against an active order.
Owners sometimes keep working, or correct something the order never cited, while the order is still active. One example: when the issue involves supported scaffolding, an owner may remove the scaffold thinking that clears the problem. In many cases DOB needs to inspect the condition before the full corrective work can proceed, so taking the scaffold down first can set the job back rather than move it forward. Confirm what the order actually cites, and what DOB needs to see, before anyone touches the site.
Questions owners ask first
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